Govt, police seek to quash ruling to pay RM197,600 over death in custody

The government and the police have turned to the appellate court to nullify a ruling for them to pay RM197,600 compensation over the custodial death of a grave digger five years ago.

They filed their application for leave to appeal on June 20, targeting the Penang High Court ruling that favoured the family of Mohd Fadzrin Zaidi, who died while in custody at the North Seberang Perai district police headquarters in 2019.

The family’s counsel M Visvanathan this morning confirmed that the authorities filed their application for leave to appeal to the Court of Appeal.

“We will object against the government and police’s appeal leave application,” the lawyer told Malaysiakini.

Under the Courts of Judicature Act 1964, any civil appeal to the Court of Appeal requires leave if the court award amount is less than RM250,000.

‘Police were negligent’

On May 20, the High Court judge allowed the civil claim by Fadzrin’s mother, Fadhelah Othman, 56.

Judge P Anand set a quantum of RM50,000 for legal costs, RM57,600 for loss of dependency, RM30,000 for pain and suffering, RM50,000 for aggravated damages, RM3,000 for funeral expenses, RM5,000 for the cost of obtaining administration letters for the estate, and RM2,000 for travel expenses.

Anand ruled that the police were negligent in managing the lock-up, resulting in the 29-year-old detainee’s death.

“During the incident, negligence was identified, such as the failure to monitor closed-circuit television cameras continuously and the dereliction of duty by the personnel on duty.

“These aspects should have been monitored to prevent detainee fatalities in the lock-up,” he said.

It was reported that Fadzrin had been arrested in Kampung Perlis under Section 39B of the Dangerous Drugs Act 1952.

Later, he was found dead, believed to have hung himself in the lock-up at the district police headquarters on Nov 20, 2019.

In 2022, Fadhelah filed a lawsuit against the government and several other defendants, including the inspector-general of police, the Penang police chief, the district police chief, and the police personnel in the district headquarters.

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